State v. Nagel

In a trial to the jury, the defendant was convicted of operating a motor vehicle while under the influence of intoxicating liquor. In his appeal, he has assigned error in the admission of certain evidence, in the court’s charge to the jury, and in the court’s denial of his motion for judgment notwithstanding the verdict. The last assignment of error was not briefed or argued and therefore is deemed abandoned.

The essential contention of the defendant is that the state failed to prove continuous custody of the breath test, given him by the officer, until it was received by Dr. Stolman, the…